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OSHA Hazard Communication Letters of Interpretation
Applicability of the HCS to diesel exhaust emissions and diesel fuel
- Issued
- Record type
- Interpretation
- Historical standard
- 1910.1200, 1987 expanded rule (PDF)
- Current standard
- HCS 2024, as amended
ILPI assessment: Fuel/by-product duties remain; blanket exclusions need current qualification
This letter addresses the obsolete 1987 version of the Hazard Communication Standard (HCS). Its requirement to communicate diesel-fuel hazards remains useful, but the broad exhaust and vehicle-operator exclusions should not be used as blanket current exemptions. The HCS container exclusion for vehicle operating systems does not exempt workers from every hazard-communication duty.
Under the current HCS, assess actual coverage, work areas, and current information and training requirements. The current enforcement discussion of by-products specifically requires diesel-fuel manufacturers to inform downstream users about diesel-exhaust carcinogenicity on the fuel SDS. See fire hazards/decomposition products and OSHA's diesel-exhaust resource for separate exposure/control context.
The statement that vehicle engines/fuel tanks “would require labeling” conflicts with the exclusion described immediately before it; current container definition excludes those vehicle systems. The wording is preserved as it appears in OSHA's original, with this correction distinguished as an ILPI explanation.
OSHA archive notice: OSHA marks its matching original as an archive document that may no longer represent agency policy and is retained for historical research. This notice does not by itself establish formal withdrawal.
Last reviewed: .
About this ILPI assessment
This comparison with current requirements is not a finding that OSHA has formally withdrawn this letter. This assessment reflects editorial judgment informed by human review and AI assistance. It is an opinion, may contain errors or omissions, and is not an official OSHA determination. For guidance on how OSHA requirements apply to your circumstances, contact your local OSHA office.
OSHA's notice about interpretation letters
The following notice is published on OSHA's interpretation pages; it is general guidance, not a letter-specific withdrawal notice.
OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.
Source: OSHA's original letter page.
December 22, 1988
Mr. Allen R. Schaeffer
Environmental Specialist
Engineering Department
American Trucking Associations
2200 Mill Road
Alexandria, Virginia 22314
Mr. Allen Schaeffer:
This is in response to your letter of November 4, regarding diesel exhaust emissions and the Hazard Communication Standard (HCS) 29 CFR 1910.1200.
Our responses to your questions are numbered in the sequence in which they were posed.
Question 1: Are diesel exhaust emissions covered under the HCS? If so, please cite specifically the mechanisms which trigger coverage under the HCS.
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Answer:No, diesel exhaust emissions per se are not covered by the HCS. Diesel fuel however is covered by the HCS and any known hazards associated with this fuel must be reported on the material safety data sheet, including the hazards associated with the combustion of the fuel.
[ILPI note: At issuance: 1910.1200, 1987 expanded rule (PDF). Read this with the current by-products guidance: diesel-fuel SDSs must communicate diesel-exhaust carcinogenicity. The archived letter is not a blanket current permission to omit combustion hazards.]
Question 2: If the answer to (1) is yes, what obligations do motor carriers have with regards to training, labeling, and other provisions of the standard, specifically for diesel exhaust emissions?
Answer: All employers are required to develop and implement employee training programs regarding hazards of chemicals and protective measures for all employees exposed to hazardous chemicals in their work areas under normal operating conditions or in foreseeable emergencies. Employees in terminal operations exposed to hazardous chemicals would fall under these provisions. If employees in terminal operations are exposed to diesel fuel in their work areas, the hazards of diesel fuel must be incorporated in the training program. Trucks or other vehicles are not considered work areas for the purposes of the standard. Vehicle operators would not be covered while operating a motor vehicle, however operators would be covered while performing terminal operations.
[ILPI note: The vehicle operating-system exclusion in the current container definition is a label-container distinction, not a blanket exemption for vehicle workers. Evaluate work areas, coverage, and training for the actual work.]
The chemical manufacturer, importer, or distributor is responsible for labeling containers or diesel fuel. Employers are required to ensure that all containers of hazardous chemicals in the workplace are labeled. Engines, fuel tanks or other operating systems in a vehicle are not considered to be containers for purpose of the HCS and would require labeling.
[ILPI note: The words “would require labeling” also appear in OSHA's original but conflict with the exclusion stated in the same sentence. Current container definition excludes vehicle engines, fuel tanks and other operating systems. ILPI preserves the original wording and explains the conflict here.]
Question 3: If the answer to (1) is yes, who or which party is responsible for providing health hazard information on diesel exhaust emissions, such as material safety data sheets?
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Answer: Manufacturers and importers of diesel fuel are responsible for performing the hazard determination and transmitting the hazard information of diesel fuel to their downstream customers. Employers are not required to evaluate chemicals unless they choose not to rely on the evaluation performed by the chemical manufacturer or importer for the chemical.
Question 4: If the MSDS are are required, but not available for the chemical manufacturer, what alternatives do motor carriers have for acquiring the MSDS?
Answer: Chemical manufacturers and importers are required to provide appropriate MSDS with their initial shipment and with the first shipment after a sheet has been updated. If the MSDS is not provided prior to or with the shipment, it is recommended that the employer write to both the supplier and the product manufacturer to request MSDS as soon as possible. Should the employer fail to receive the requested information, the nearest OSHA Area Office should be contacted for assistance in this matter.
We hope this information is helpful to you. If we can be of further assistance to you, please contact us again.
Sincerely,
Thomas J. Shepich, Director
Directorate of Compliance Programs
The original official public domain version of this document is available from OSHA at https://www.osha.gov/laws-regs/standardinterpretations/1988-12-22.